State v. Phillip Morris, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the “underlying dispute over the independent auditor’s decision not to apply the adjustment falls within the scope of the arbitration provision because it directly involves a determination of the indepen dent auditor”
• holding that the arbitration provision “does not contain the limitation urged on us by the state, that only disputes over determinations or calculations ‘actually committed to, and actually made by, the Independent Auditor in the first instance’ are arbitrable”
• noting that the language of the MSA “envisions that the settling states would select one arbitrator and the participating manufacturers would select one arbitrator”
• opining that the “conclusion that the underlying dispute is arbitrable is buttressed by referring to the specific examples of arbitrable disputes enumerated in section IX(c) of the agreement”
• explaining that “[although the agreement thus limits the subject matter of the disputes that are arbitrable, it employs broad language in defining the scope of the disputes that fall within that subject matter”
• explaining that “[a]lthough the agreement thus limits the subject matter of the disputes that are arbitrable, it employs broad language in defining the scope of the disputes that fall within that subject matter”

Source: CourtListener parenthetical corpus (CC0).